• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be a challenge. The right veterans disability attorney can help you navigate it from beginning to end.

It's crucial to find an attorney who only has experience in disability law and who handles cases of this nature at all levels of appeal. This ensures that you're receiving the best representation.

Appeals

If the VA refuses or fails to accept a claim, the spouse of the deceased may appeal. Even the most basic disability claim can make this a complicated and lengthy procedure. A veterans disability attorney can help you understand your options and obtain the benefits you deserve.

A common reason why people make a claim for disability is that they are unhappy with their disability rating. In this case a lawyer can be sure that there is enough evidence to justify the appropriate rating for a condition that is that is caused or worsened by military service.

A lawyer for veterans may be required by those who have been waiting too long to receive their benefits. The lawyer can assist in determining the missing documents and can then make a request to the VA for the relevant records.

A veteran disability lawyer can also relieve you of the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other obligations you might have. Some lawyers are veterans themselves and this can provide them a unique type of compassion for their clients and make them more invested in their cases. This can make a big difference in the outcome of the appeal.

Higher-Level Reviews

Veterans have more recourse options to appeal VA decisions if they do not agree. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to analyze the same evidence as in the original claim, and make a fresh determination. The senior reviewer has the option to either reverse or confirm the previous rating.

The person who is the veteran or their representative could request an informal meeting with the senior reviewer to discuss the case, however, only one of these conferences is permitted. It is important to be prepared and be able to present the facts of your case in a concise manner at this meeting. A veterans disability attorney can help you prepare and participate in the informal conference.

Higher-level reviews are usually used to correct mistakes by the previous reviewer on a disability claim which could include misinterpreting evidence or making errors in the law. The senior reviewer can alter an earlier decision on the same claim to fix these types of errors, but only if those modifications are beneficial to the claimant.

A personal hearing may be scheduled for the applicant as a result of the higher-level review. This provides the applicant to meet with the person reviewing their claim and explain the arguments. A lawyer for veterans can help determine whether or not it's required to request a personal hearing, as well as with making and presenting the evidence at the hearing.

Notice of Disagreement

You can file a disagreement within one year from the day the local office mailed you the initial denial letter. The VA will review your claim again and issue a Statement of the Case.

You must utilize VA Form 21-0958 to file a notice of disagreement. A disability lawyer can help you complete the form correctly so that it is effective in contesting the decision. You do not have to list all the reasons you do not agree with the VA's decision but it is advisable to be specific and help the VA determine what you think is wrong. Your attorney can help you determine what evidence to include in the NOD. These could be statements from medical professionals, or the results of diagnostic tests.

If your appeal is rejected at this stage, then you can ask to have it reviewed again by a senior reviewer through an Higher Level Review. This process could take as long as approximately 25 months. You should be with your lawyer at all times. If the VA denies your claim your attorney can request a hearing before an veterans disability lawyers Law judge to present testimony and other evidence in person. Your lawyer will draft your check if your claim is awarded.

Statement of the Case

Congress has passed numerous laws to make sure that veterans are compensated for their injuries, illnesses, veterans disability attorney and other conditions caused by their service. The VA is a massive bureaucracy, and it's easy to be lost. A veteran disability lawyer can guide you through the process and offer much-needed assistance to claimants.

The VA must examine the case after a veteran has filed the Notice of Dispute to the local VA office. This includes looking into the regulations, laws and evidence used in making the original decision. This includes looking over the medical records of the veteran as well as at times, lay statements. The VA must provide the claimant with a Statement of Case, Veterans Disability Attorney which contains a list of evidence that it has examined.

The statement should state in a clear manner the reasoning behind the decision, including how it interpreted the laws and regulations that impacted the case. It should address the allegations made by the claimant in his or her NOD.

The Veteran will receive the Statement of Case within 120 days of the date when the NOD was received. However due to the VA backlog, the agency may take longer to mail the document. Contact a veterans disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a vet who is contesting a decision over a rating or a claim for benefit.